What makes a will valid in New York?

The full answer

Any person 18 or older, of sound mind and memory, may make a will (Estates, Powers and Trusts Law § 3-1.1). Under § 3-2.1(a), a will must be in writing and executed this way:

• Signed at the end. Anything added after your signature (other than the witnesses' attestation clause) is not given effect. Someone else may sign your name for you, in your presence and at your direction; that person must also sign their own name and address and can't count as one of the witnesses.
• Signed in front of each witness, or acknowledged to each witness as your signature. You can do this with each witness separately.
• Declared to be your will. At some point during the signing ceremony you must tell each witness that the document is your will.
• At least two witnesses, who both sign at the end of the will within one 30-day period, at your request. Their addresses should be added, but a missing address doesn't invalidate the will.

Notarizing and proving the will

The statute doesn't require a notary. But after the will is signed, the witnesses can sign a sworn affidavit before a notary describing the signing; the Surrogate's Court generally accepts it instead of live testimony, unless someone objects or the court requires the witnesses to appear (SCPA § 1406). That makes probate faster and cheaper, especially years later when witnesses are hard to find.

After the death, the will is proved in probate in the Surrogate's Court. A person whose interest would be hurt if the will is admitted can file objections (SCPA § 1410).

Exceptions and special cases

• Handwritten and oral wills: a will entirely in your handwriting without witnesses (holographic), or an oral will proved by two witnesses (nuncupative), is valid only if made by a member of the U.S. armed forces during an armed conflict, a person serving with such a force, or a mariner at sea (§ 3-2.2(b)). It expires one year after military discharge or three years after a mariner made it (§ 3-2.2(c)).
• Witnesses who inherit: a gift to a witness is void unless at least two other witnesses received nothing under the will. That witness may still receive up to what they'd have inherited without a will (§ 3-3.2). Use witnesses who get nothing.
• Divorce: a divorce generally revokes gifts to the former spouse and their appointment as executor (§ 5-1.4).
• Spouse's right of election: you can't completely disinherit a spouse. A surviving spouse can generally claim the greater of $50,000 or one-third of the net estate, by filing within six months after letters are issued and no later than two years after the death (§ 5-1.1-A).
• Electronic wills: the law has been amended to allow electronic wills starting December 12, 2027; until then, use a paper will signed in ink as described above (§ 3-2.1, as amended).

What to do now

1. 1

   Decide what you want

   List your assets, who should inherit, who should be executor, and a guardian for minor children.

2. 2

   Consider a lawyer

   Simple wills are common, but a lawyer helps avoid mistakes, especially with real estate, a business, blended families or children with special needs.

3. 3

   Sign properly

   Sign at the end in front of two adult witnesses who receive nothing under the will, tell them it's your will, and have both sign and add their addresses.

4. 4

   Add a self-proving affidavit

   Have the witnesses sign the affidavit before a notary right after the signing.

5. 5

   Store it safely

   Keep the original where your executor can find it. You can also file it with the Surrogate's Court for safekeeping (SCPA § 2507); the fee is up to $45 (§ 2402(9)(v)).

6. 6

   Review it after big life changes

   Marriage, divorce, children, a move or a large change in assets are times to update the will.

Frequently asked questions

Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

• N.Y. Estates, Powers and Trusts Law (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 3-1.1, § 3-2.1, § 3-2.2, § 3-3.2, § 5-1.1-A, § 5-1.4 · Checked: October 30, 2026
  Who can make a will, signing and witnessing, handwritten and oral wills, witness-beneficiaries, spouse's right of election, effect of divorce
• N.Y. Surrogate's Court Procedure Act (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 1406, § 1410, § 2402(9)(v), § 2507 · Checked: October 30, 2026
  Witness affidavits, objections to probate, will safekeeping and its fee

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